Management Executives as Board Members in Iowa

Question:

My home is located with an HOA that has been established for 7 years yet we do not have any Board members that are homeowners in the neighborhood. The Board is made up of executives with the HOA Management company. They also do not hold Board meetings except once a year for 5 minutes to approve the budget. They do not provide advanced notice or location of these meetings to the members. They continue to raise our association fees and since we have no meetings to attend, no homeowners represented, this feels like a conflict of interest. What can we do?

– Jeff

 

Answer:

Hi Jeff,

The first thing you should do is check your governing documents (bylaws and CC&Rs). These documents should tell you what authority the board has, whether or not non-homeowners can be on the board, board meeting requirements (including notice requirements), and other requirements. If you find that those provisions conflict with the current state of your HOA, bring it to your HOA management company’s attention.

You may also be able to remove board members by following the requirements stipulated in the Revised Iowa Nonprofit Corporation Act (Sections 504.808504.809, and 504.810), if your HOA is organized as a nonprofit corporation. Your bylaws may also contain specific procedures on how you can remove directors from their positions. After removing the board members, proceed to hold an election to fill your board with homeowners instead of management executives. Again, it is important to follow the election procedures as stipulated in your bylaws.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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